let me finish tonight with this. what happened to the republican party of the 1960s? you know, all those gop senators who voted for the civil rights act and the voting rights act. what happened to them? what happened to that republican party? for the civil rights act, the republican vote in the u.s. senate was 27-6. in the house it was 136-35. four out of five republican members in both houses for civil rights. for the voting rights act the following year the republican vote in the senate was 30-2. in the house the republican vote was 112-24. overwhelming in all cases. i'm watching this debate over the voting rights act and the immediate for it today and i'm

struck with the reality that the reason for it today is the republican party. not the party of the 1960s but one of the reince priebus's parties, that one. the one that's backed voter suppression efforts in dozens of states and keeps on doing it. every time a state run by a republican legislature and governor passes another bill making it harder to vote, cutting down on voting days, expanding voter i.d. requirements, you have to wonder, are they doing precisely what the voting rights act was designed to stop? are they deliberately making it harder for minority voters to get into the vote booth and cast their ballots? the republican party can be proud of its heritage in certain regards. certainly abraham lincoln pushing through the 13th amendment outlawing slavery. certainly the backing of men like senator everett dirks of illinois for the civil rights act. the question going into history books today for this young century is whether the republican party will be as proud in the future for the positions it's taking now. and that's "hardball" for now. thanks for being with us. good evening, americans. and welcome to "the ed show" from new york.

republicans are completely out of touch with america. and we have the numbers to back it up. so we'll put the question to our congressional panel tonight. does this embolden you to stand up to the big three? dan rather is also here tonight. this is "the ed show." let's get to work. >> it's morning again in america. >> the era of liberalism is back. >> reporter: from guns to the economy, the people are behind the president, and new polling proves it. i'll ask the big congressional panel tonight how these numbers impact their fight for progress. first jan brewer. then jon kasich. now rick scott is embracing obama's socialist vision for america. i'll tell you why the florida governor's flip on obama care shouldn't come as a big surprise. plus, the great dan rather on the right-wing media infecting the political process. shades of the o.j. trial after another blade runner bombshell. a florida college names its stadium after a private prison. i'll tell you why that's an awful idea. and fat cats beware. there's a brand new push to go

after capital gains taxes. >> i don't know how much longer i'm going to do this. good to have you with us tonight, folks. thanks for watching. most people who pick up a newspaper in this country go to the "usa today." it is still the most highly circulated paper in the country. this is what folks who picked up the "usa today" saw this morning. a front-page graphic of president obama with pairs of blue lines and red lines. you see, the blue lines represent support for president obama's policies. the red lines show support for the congressional republicans. and it doesn't take long to notice a very distinct pattern. a comprehensive new poll by the "usa today" and the pew research center shows america supports the president's agenda on issue after issue. if you need any more proof about this being a center-left country, here it is. on minimum wage, the president talked about this in the state of the union address.

71% of americans say that it should go to $9 an hour. and that's what the president talked about. even 50% of republicans support raising the minimum wage. let's go to gun safety. a lot of conversation about that. expanding background check laws remains extremely popular. 83% want the laws to be stronger. an assault weapons ban who many say isn't going to pass the congress still has the majority of americans with them. 56% of americans say yes, go with it. banning high-capacity magazine clips has a 53% support of the american people. and let's go to climate change. this is interesting. 54% say the top priority is to develop alternative energy sources. only 34% say the top priority should be more fossil fuel reproduction, drill baby drill. we're not done yet, folks. on immigration it's still the president. americans side with the president. they want a combination of

border security and a pathway to citizenship, which the republicans have never been along with. another place where americans want a balanced approach is deficit reduction. big number here. this was a big part of the election conversation. 76% want a combination of cuts and new revenue. this is the president's point of view. he gave republicans $1.2 trillion in cuts already back in the summer of 2011. and republicans want more. and they refuse to budge on more revenue and taxes even for the wealthiest americans and corporations. republicans, my friends-r out of touch with america. they're out of touch with the american people and what the american people want. president obama spoke with republican leaders in congress today trying to get a deal, trying to reach a deal on deficit reduction before the automatic sequester cuts kick in a week from tomorrow. the president made it clear to reverend al sharpton on his radio show today he knows that

the public is on his side. >> when you look at polling, 75% of the american people agree with me that the way to reduce our deficit sensibly is through a combination of spending cuts and tax revenue. unfortunately, i think republicans right now have been so dug in on this notion of never raising taxes that it becomes difficult for them to see an obvious answer right in front of them. >> don't shortchange yourself, mr. president. it's not 75. it's 76% of the american people. republicans are too busy playing the blame game to deal with the sequester. house speaker john boehner is working overtime, trying to get obamaquester to trend on twitter. isn't that cute? white house spokesperson jay carney took a shot at republicans for their whacked-out priorities. >> imagine if republicans put half the amount of effort into finding a solution to this problem as they have into coming up with hashtags. >> republicans should heed carney's warning.

according to the "usa today's" poll, the blame will fall squarely on the gop if the sequester cuts kick in. less than 1/3 of americans will blame the president. republicans didn't get any help from a bloomberg poll, either. it shows gop favorability is underwater compared to the president and the democrats. it is so bad for the republicans right now, only 22% of americans identify themselves as members of the republican party. republicans have been asleep at the switch, as the country has moved to the center left. they are still hypnotized by this guy. ronald reagan. the era of reagan. for 30 years republicans promoted self-reliance. but after three decades the american people realized the playing field simply is not level. republicans rigged the system to give an advantage to those at the very top and the corporations. americans support president obama's agenda.

and they are rejecting the philosophy of reagan republicans. it couldn't be any more clear. we've had elections. we've had polls. we've had town halls. government is not the problem. what is the problem is something that we have focused on in this program for over two years. unfairness. income inequality is the problem. and the country is still focused on that. get your cell phones out. we want to know what you think. tonight's question, have republicans gone so far to the right that they're unable to govern? text a for yes, b for no. the number is 67622. our blog is there for you at ed.msnbc.com. we'll bring you the results later on in the show. let's turn to our congressional panel tonight. congressman shaka fattah of pennsylvania is with us this evening. congresswoman gwen moore of wisconsin is also with us tonight. and congressman steve lynch of massachusetts. great to have all of you with us. i want to let our viewers know

that we're having a technical problem with the connection with congresswoman moore's picture, but it's important that her voice be here with us tonight. so from milwaukee that's how we're going to do this. and we'll go to her first. congresswoman moore, thank you for your time. do you believe that these poll numbers make it easier for democrats and progressives to stand strong and win the conversation as we move forward. your thoughts. >> ed, i think they're absolutely critical. because i think the republicans feel that they're in the catbird seat. these cuts that are in the sequester, the $85 billion minus the defense cuts, are a republican's dream of ending so-called big government, ending job-killing regulations, to do what grover norquist has always wanted to do, to shrink government and make it so small that you could drown it in the bathtub. and even though between 1.4 and 2 million jobs will be lost,

republicans would have accomplished an aspiration for their party that they have had for a long time. >> no doubt. >> and they figure that they can come in through the back door, introduce a bill to restore the defense cuts, and with a bill that would pass both houses by 2/3 votes, that they could get a supplemental bill to restore defense cuts. this is what i think their plan is. and were it not for the president, we may -- they might have tried to -- they might have succeeded. >> the scary thing about this is that once you see these cuts kick in and once you see americans lose their jobs there's no guarantee that these folks are going to get back and get rehired and get back into the game. and this is the dangerous thing about these cuts that are one week from tomorrow. congressman shaka fattah, what about that? people lose their jobs, they're gone, there's no guarantee they're going to come back. how are you going to deal with that? >> well, look, you've seen it.

you've been around the country. it's devastating the families. but i want people to know we're going to win this fight. and just like you said at the front end of this show, with the governor of florida now joining the governor of michigan and ohio on health care reform, republicans in the congress are going to have to come around on these other issues. we live in a republic in which the elected officials have to listen to people. and the public is what the president on all of these key issues. and we're going to win this fight. now, they're playing a delaying game, but the truth of the matter is that once we move forward with votes out of the senate just like we want on the fiscal cliff vote we will win on this. that is to say that the president, if he can garner a bipartisan vote in the senate, it will put the house republicans in a box. and that's -- >> i hear very few democrats talking like you. they're not really sure how this is going to go. it's refreshing to hear you say that we're going to win this thing, win it for the people. here's president obama talking about the inability of congress

to get anything done on time. >> i don't know why it is in this town folks leave stuff till the last minute. you know, there's no other profession, no other industry where people wait until the 11th hour to solve these big problems. and obviously, it creates a lot of uncertainty in our economy. >> that uncertainty is a big deal. congressman lynch, what do you say to people who can't understand why congress just doesn't seem to get things done? >> well, i have to point out that congresswoman moore, congressman fattah, and myself all voted not to adjourn, to stay in washington and keep on working on these problems. look, i think the american people in your polls, they're choosing common sense solutions over radical ideology. they realize that if the sequestration goes through we're talking about, just one small piece of it, $1.6 billion being cut from medical research, including alzheimer's research, diabetes research, autism research, cancer research. so those are very important issues for the american people. and that's why you see this migration in those polls. >> i also see that there are a

lot of progressives starting to get together in congress. to the point where they have written a letter to the president. and this is the quote. "we will not vote against any and every cut to medicare, medicaid, or social security benefits including raising the retirement age or cutting the cost of living adjustments that our constituents earned and needed. i mean, this is -- >> let me weigh in on that, ed. >> go ahead, congresswoman. >> this is gwen moore. that's very important for people to understand, that what was not included in the sequestration were those programs, those mandatory programs, social security, medicare, medicaid, food stamps, pell grants. and what the republicans would love to see is for this president to serve up on a silver platter these programs and not just make some changes in them but structural changes to undermine the program -- >> you agree with that? you agree with this letter, congresswoman?

>> oh, absolutely. i agree with that letter. because ultimately, in order to end the sequester that is the demand that they're making on the president. that he make structural changes to medicare and social security. >> shaka fattah, go ahead. >> what we've had is a quarterback controversy. and then we had a decision that rather than romney we were going with obama. what we have now is we have some people on the team who because they didn't get the quarterback they wanted they want to stop the game from continuing. this is an inside game by the republicans to slow this economy, to create uncertainty that causes business decisions to be delayed. we know that at the end of the day they have to produce a bill that the president's prepared to sign. and he's made it absolutely clear, and you've made it

fundamentally clear that we have to protect the middle class. right? and he has said very clearly that he is not willing to affect these beneficiaries in these programs, that we're going to have to get our -- >> so it's defense cuts. >> but that it's got to be balanced. right? it's got to be balanced. >> it's going to have to be defense cuts and you're going to have to get republicans to go along with that. i think they're trying -- >> no, no, no. >> i think they're just trying to get some kind of political narrative going that will put the president on the defensive, and they're thinking that people don't know what happened back in the summer of 2011 and they're even trying to blame the president that this is his sequester. congressman lynch, you're going to have to win the echo chamber. can it be done? >> i think it can be done. although you have to say this is just another back door attempt by the republicans. they tried to turn medicare into a voucher program. instead of the comprehensive program that it is -- that it has been for years. they went after social security and tried to take that money and put it on the stock market. we all know what would have happened if they had succeeded. this is just another back door

attempt at that type of denigration and erosion of basic programs that have been championed for a long time by the democratic party. >> congressman shaka fattah. congresswoman -- go ahead, sir. >> what the president is saying is that it's not just a game of cut this or cut that. we can raise revenue. we are the wealthiest country in the world. he says that the loopholes that romney proposed on the campaign, that we closed on businesses, let's close them, let's get those revenues in so that we can have some cuts that are smart -- >> i agree with all that. >> to move forward. >> democrats obviously agree with that, but the republicans have not identified one loophole to date that they are willing to

take out of the tax code. this is a dog and pony show. >> yeah. >> they're reading those same polls that you're reading, and i'm telling you, we're going to drag them on headed in the right direction. >> congressman shaka fattah, congresswoman gwen moore, and congressman steve lynch, great to have you with us on "the ed show" tonight. you bet. remember to answer tonight's question on the bottom of your screen, share your thoughts on twitter and @edshow and let us know what you think. appreciate your interaction. the case of the alleged murder of this brilliant, beautiful woman by an olympic star takes an unbelievable turn. two famous attorneys, marcia clark and roy black, are here tonight. stick around. we're right back.

and coming up, the chief detective in the oscar pistorius case is facing attempted murder charges of his own. this story keeps getting crazier by the day. marcia clark and roy black join me later to talk about it. dan rather is here tonight to give us his take on the republicans using blogs to go on witch hunts. you won't want to miss that. don't forget you can listen to my radio show on sirius xm radio channel 127 monday through friday noon to 3:00 p.m. share your thoughts with us on facebook and on twitter using the hashtag edshow. we're coming right back.

welcome back to "the ed show." thanks for watching tonight. obama care is winning. one of the affordable care act's most vocal opponents, florida governor rick scott, has now completely reversed himself on accepting the expansion of medicaid. called a news conference to announce his decision. >> while the federal government is committed to paying 100% of the cost, i cannot in good conscience deny floridians that needed access to health care. >> it doesn't matter what i believe. it doesn't matter what anybody believes. the supreme court's already made their decision. okay? we had an election in the fall. the public made their decision.

>> your head spinning yet? this is a very different rick scott from the one who called obama care a job killer. >> this is going to be devastating for patients, devastating for taxpayers. it's going to be the biggest job killer ever. we're not going to implement obama care in florida. we're not going to implement this medicaid expansion. >> federal government shouldn't be telling us what we can and can't buy. this will be the biggest job killer ever. >> we're not going to implement obama care in florida. we're not going to expand medicaid. we're going to dot right thing. >> florida led the charge against obama care, challenging it until the law was upheld by the supreme court last year. governor scott later used inaccurate information to claim medicaid was 2,500% more expensive than it actually is. scott now joins six other republican governors who will accept obama care's medicaid expansion, including governor jan brewer of arizona and governor john kasich of ohio. so far 23 states have decided to participate in the medicaid expansion. many republican governors went

out of their way to drum up opposition to obama care, but their rhetoric melted in the face of reality. florida's uninsured population is 20%. it's time for the fourth worst in the country. governor scott's former supporters in the tea party, well, they were very quick to criticize his decision. you can imagine what they said. it's this. "this is just another example of republicans lying to floridians," said tea party activist everett wilkin son. he called scott the "benedict arnold to the patriot and tea party movement in florida." well, that's a new badge of honor that rick scott can wear. joining me tonight howard fineman, nbc news political analyst and editorial director of the huffington post media group. howard, always, good to have you with us. >> hi, ed. >> big turn for a very visible governor in a very crucial state. what does it mean? >> well, what it means is reinforces the trend you were

talking about at the top of the show, first of all. the "usa today" poll, i don't know if it did poll on obama care, but the general drift of things is in the direction of activist government. that's what you said at the top. you're absolutely right. and this is part of it. and in that sense even rick smith -- i mean excuse me, even rick scott had to accept reality, as he said. but there's more to it than that. first of all, there's a lot of money involved. billions of dollars. for the state treasury over the next two years. that's number one. number two, don't forget that rick scott was a hospital executive before he got into politics. and hospitals and health care providers in florida want the increased medicaid involvement because they want the money from payments from the government as opposed to handing out free care in some cases or charging their paying customers more. so it's something the hospitals got behind.

it would be nice to say that rick scott had a sudden attack of communitarian compassion, but that's not what this is about. most important it's his own political future. he's running at 33% approval in the polls down in florida. he wants to run for re-election. in test match-ups with former governor chris christie, who would probably run against him, rick scott is 14 points behind -- excuse me, i'm sorry, governor charlie crist in those test matches. >> well, this is about getting re-elected. when you've got a number at 33% you've got to do something. it's better for him to eat crow now and have people be happy than live with that number. and john kasich may be doing the same thing. he gave the ohio state of the state speech yesterday and he asked republican lawmakers to examine your conscience as they considered his proposed medicaid expansion. we're seeing a trend here. no doubt about it. can they be trusted to really fully implement it?

>> well, as i say, i think a lot of this has to do with recognizing political reality, which is something that governors are better able to do actually in the end. often members of congress locked up here in washington. that's number one. he number two i can't stress enough that hospitals and health care providers want this, ed. and the obama administration understood that when they put together the package that's known as obamacare. there's a lot of money that's going to wind up in the hands of for-profit health care organizations. and one of the things that rick scott got in florida was special permission from washington to allow him to manage the expansion of medicaid in a way that will maximize the involvement of hospitals and private health care providers. that's part of the deal he's trying to work out for. but it's mostly for him about politics and recognizing political realities if he has to go up against charlie crist. >> there's one other thing. 9 governor of florida is pushing for a pay increase for teachers. i guess he's discovered that austerity just doesn't work. so he's trying to mend things up on all front. >> they used to say a conservative's a liberal who's

mugged by reality. it's now the other way around. >> howard fineman, great to have you with us on "the ed show." thank you so much. >> thank you. a new report proves the rich are using capital gains to ride the wave of income inequality. new numbers. well, i tell you what. what have we been talking about all along? it'll blow your mind. that's next. the murder trial that has the world talking is becoming a circus. marcia clark and roy black are here with the latest. [ female announcer ] going to sleep may be easy, but when you wake up

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welcome back to "the ed show." here on this program, we've spent years talking about the exploding income inequality in this country. i've shown you this vulture chart. numerous times on the program. which shows how income for the top 1% gone through the roof while average americans have been getting screwed. look at that blue line. that's where they've been. we've talked about how this has threatened the middle class and disposable income in this country. we have witnessed the 2012 election really become a showdown between the 47% and the 1%. there's a new study from thomas hungerford, an analyst with the congressional research service. he points to the culprit in all of this. hungerford, the capital gains he found is -- the capital gains

tax cuts is by far the biggest driver of income inequality. and look at that. the vulture chart. that's right. the vulture chart shows the top 1%'s income has been doing nothing but increasing. this shows where the money is coming from. most americans depend on wages which are subject to a graduated tax, capital gains, have a capped rate which is now at 20%, and we've all heard the story of warren buffett, who pays a smaller percentage in tax than his secretary. take a look at the distribution of capital gains. in 2012 the top 1% received 47% of all capital gains. overall the top 1% took home 71% of all capital gains. that's where the money's going. to the top. because capital gains tax rates are lower than the average american's. this led to the top 1%'s income almost what? doubling. capital gains, my friends, is the golden goose republicans will never give up. for decades the republicans have protected the top 1% from tax

increases, protecting them from higher taxes. long-term investment. just like capital gains. because the 1% pay republicans big bucks to do what? keep it that way. this is why republicans are willing to let sequester cuts kick in. this is the golden goose, as i've said. they will not give up. and they're willing to let the rest of the country suffer for it. republicans. the party officially of the rich. he will have a tough time. going forward. >> the blade runner case explodes again with a bombshell revelation about the lead investigator. attorneys marcia clark and roy black on what it all means for the prosecution and the defense. plus, a florida college takes $6 million to name its football stadium after a private prison company. i'll tell you why the public should be outraged. and radical right-wing conspiracies are showing up in the halls of government more than ever.

>> transferring weapons to turkey. >> the u.s. state department is an adjunct of the israeli foreign minister's office. >> i'll ask dan rather if the right-wing media is hurting the country.

and we are back. one of the most famous athletes in the world is spending his seventh night behind bars, but it could be his last. after another bizarre turn of events in the courtroom today. oscar pistorius, the so-called blade runner, is accused of murdering his girlfriend on valentine's day. pistorius became the first paralympic sprinter ever to compete in the olympic games last year on the south african team. now a league team is fighting to get pistorius freed on bail after the lead investigator was charged with seven attempted murder counts. nbc's michelle kosinski is one a very few reporters allowed into the courtroom. she has the latest developments from south africa.

>> reporter: well, it seems every day something happens in there that just makes you say what now? this was a battle between two very good attorneys. first the defense blasted the prosecution's case about how police gathered evidence, things they said that were just wrong, and the fact that the chief police investigator now faces attempted murder charges for an on-the-job shooting. he is now off the case. but then it was prosecutors' turn to blow holes in pistorius's account of what happened that night. they said even if you believe it this is still the preplanned murder of a burglar. pistorius claimed he dropped the gun right after the shooting but prosecutors say that gun was actually found in a different place, on a little carpet outside the shower, next to the cell phones of both pistorius and reeva. prosecutors ask why and how did those objects get there altogether?

they said it's totally inconsistent and something that pistorius cannot explain. also pistorius said he woke up in the pitch black, thought it was a burglar, he thought reeva was next to him in bed, grabbed his gun and start shooting. prosecutors say wait a minute-e would have had to walk by reeva three times. you think this is a burglar, you're not at least going to look to make sure she's there or try to wake her? at least look at her. they call his account totally improbable. said that pistorius is prone to violence and that he is bound to be convicted. of course at this point we don't even know whether he'll be released on bond. that is a decision we expect tomorrow. back to you. >> nbc's michelle kosinski from pretoria, south africa. now let's turn to roy black, criminal defense attorney, and also marcia clark with us tonight, former los angeles deputy district attorney and author of the book "guilt by degrees." great to have both of you with us tonight. this is bizarre. marcia, you first. is the prosecution in trouble because of the situation that is now pending with the lead investigator who is now off the case? >> well, it doesn't look good,

ed. i've never heard of such a thing. a lead investigator charged with seven counts of attempted murder. that's pretty bad. also bad is the fact that the cops were letting people into the crime scene before they had a chance to actually secure it, gather all the evidence 37 also bad is the fact they were milling around without booties covering their feet in a case where the movements of the suspect are critical to determining whether or not his story is credible. so certainly there are problems. i understand they also belatedly found a slug in the toilet that was not initially recovered. none of this looks very good. on the other hand, is it -- excuse me. i'm sorry. is it fatal? no. not necessarily. we have to see all of the evidence. these are the early days yet,

remember. this is a bail hearing. but i agree, ed, it's a very unusual and strange circumstance when the lead investigator is charged with attempted murder. seven counts. >> mr. black, would you say the defense had a good day in court today? and how would you defend oscar pistorius going forward from this point? >> well, i think they've had an excellent week, not just a good day. remember that the lead investigator is the man in charge of the crime scene. his integrity has to be beyond reproach. because he's collecting all the evidence. just like marcia said. this is a disaster that went on there. and remember, these kinds of cases the forensic evidence is so important because 90% of the trial will be about the little pieces of evidence that they pick up. but i think the most important evidence, the evidence that will get him released on bail, is what happened after the shooting. there's no way in the world that he with premeditated design intended to kill his girlfriend and then runs in, calls the police, calls the paramedics, pick her up in his arms, runs down stairs and puts cpr on her. nobody who intended to kill somebody would do that. and to me that's the most important evidence in the case so far. >> and roy, isn't this a big advantage for the defense from the standpoint that this has been a rather unusual bail hearing?

very detailed. >> well, i think it's an advantage for both sides because the defense finds out about the prosecution case. but remember, he gave a statement right at the beginning of the hearing. so the prosecution also gets the advantage of knowing what the defense is. and now they can try to punch holes in it. >> it's a very different judicial system in south africa. they don't have a jury. it is going to be a judge. and several assistants, i understand. marcia, how does this play? how tough does this make it for the defense? in fact, there was one attorney who made the comment we don't have juries, we have seasoned, hardened judges who have spent ten years listening to every sob story on the planet. the lawyer asked to remain anonymous, by the way. what do you make of that? >> interesting he asked to remain anonymous. i guess i understand why. because he has to still try cases there. it does make it harder, ed. when a defense attorney has a jury, he has people who are not necessarily experienced in crime scenes, in collection of evidence, in evaluating guilt or

innocence. and when you have a judge, it's a whole different story. you can't appeal to a judge's emotions the same way. you don't count on the ability to sway them. with stories that you can sway a layperson with. a judge is much more likely to see through a story or a defense that doesn't work or is more likely to look at it dispassionately. for example, roy was saying that he doesn't see how someone could premeditatedly murder and then carry the body downstairs the way oscar pistorius did. i don't agree with him. i think i can see it. i'm not necessarily saying this is a man who planned the murder out weeks in advance. no. but that he might have acted out of rage and intended to kill her when he shot. yes. and that he then maybe had remorse. possible. that he then maybe wanted to cover his tracks and carry the body downstairs and act like he was caring for her so he could make up a story about thinking there was a burglar. yes. but a judge is more likely to see through what doesn't work and the inconsistencies, i think, than a jury is. and it is harder for the defendant. >> how do you think the judge

would have viewed the conversation in the courtroom and the accusation of steroids being there but that wasn't the case? >> i think the judge would look at that probably dispassionately. see, this is where probably it's helpful to the defense. a judge is going to look at this dispassionately and not be swayed by the mere mention of testosterone and say, okay, wait a minute, is it really testosterone? has it been tested? number one. because you don't know. and the defense claims it's herbal. and maybe it is. number two, even if it is testosterone, was he on testosterone at the time? without a blood test showing what was in his system at the time of the shooting it's irrelevant and it's simply prejudicial kind of incriminating-looking evidence that really is irrelevant to the case. so a judge would see through it. >> and mr. black, what about the alleged emotional outbreaks and other domestic issues that oscar pistorius has been involved in? does that enter into this? from a defense standpoint how do you handle it? >> it's a real problem. i thought the defense handled it

pretty well. they've explained all these incidents that he had. but it may well be that he has an anger problem. but remember -- i disagree with marcia. let's say it is out of anger. that's still not premeditated murder. that's a lesser degree of murder and he ought to get bail. but it is a problem because apparently he's had some confrontations before. he's suing a woman for making a false accusation. the big problem is going to be whether or not they had any arguments that day or that night and to give him a motive to shoot her. >> we hope to have both of you back. i appreciate your time so much on "the ed show." roy black and marcia clark. thank you so much. >> thank you. republicans have demonized the liberal media for years. tonight i'll ask dan rather how he feels about republicans using discredited blogs to make policy. laura bush supports marriage

laura bush supports marriage equality but the former first lady has asked to be removed from an advertising campaign featuring prominent people speaking in favor of it. on facebook linda bowden says "ms. bush was probably bullied by the other republicans and is

afraid to speak out. what is right. it's really sad to see that she caved." renee murray writes, "come on, mrs. bush. stand up for yourself." and elisa cole ellis says, "if you say you support something but ask to be removed from its affiliation, you don't truly support it. shame on her." you can go to our facebook right now and join the conversation. don't forget to like "the ed show" when you're there. and the next story coming up, a private prison. they make billions by putting people in jail for frivolous reasons. you won't believe how they're using their profits. that's next. we'll be right back.

welcome back to "the ed show." a private prison company with a horrific pass has secured naming rights to a college football stadium. if you care about good government and fairness, this story should outrage you. florida atlantic university's new 30,000-seat football stadium will be named after the geo group. the company is a private prison

group. their business model, very simple. put people in prison and make money. and with 59 prisons and over 60,000 beds in the united states, they're doing quite well. the latest government data available shows that the private prison population in the united states grew 37%. between 2002 and 2009. and not surprisingly, so did geo group's revenue. in 2002 geo group made $570 million in revenue. by 2010 the number had jumped to $1.2 billion. it's important to point out, private prisons are funded through government contracts. they profit off the taxpayer and have a disturbing relationship with politicians. according to the justice policy center, private prisons are "working to make money through harsh policies and longer sentences. their goal is more prisoners for profit. they accomplish this through lobbying, campaign contributions, and relationships

with policy makers." in fact, from 2003 to 2010 geo contributed $2.4 million to local campaigns. they also had an army of 63 lobbyists. this is a news report from a geo jail in mississippi. >> in march the parents of some walnut grove inmates and former inmates testified in federal court about severe abuse their children suffered. ? there are a lot of lacerations on his face and arms. he had stab wounds. >> michael macintosh says two years ago his then 19-year-old son was hurt in a riot at walnut grove. >> fractured nose, fractured teeth. >> the department of justice released a report saying geo employees and some older inmates mentally, physically, and sexually abused younger inmates at the prison. >> the judge described the prison at a cesspool of unconstitutional and inhumane conditions. the company got kicked out of mississippi. but they are still operating a very profitable business in the state of florida. florida atlantic's president said her school is proud to partner with geo group.

the american civil liberties union is calling out the university. they are asking people to block the naming by signing a petition linked at aclu.org. tonight in our survey i asked, have republicans gone so far to the right that they are unable to governor? 98% of you say yes. 2% of you say no. and coming up, a legend of real news on republican use of fake news. dan rather is next on "the ed show." introducing new febreze stick & refresh

with command strips from 3m. designed to stick and eliminate odors anywhere. like this overflowing trashcan. to test it, we brought in the scott family. so what do you smell? beach house and you're looking out over the ocean. some place like, uh, hawaii in like a flower field. take your blindfolds off. aw man! [ screams ] [ laughs ] that smells good. i wouldn't even just put it in the trash, i'd put it in every room. stick it to eliminate odors anywhere. new febreze stick & refresh. breathe happy.

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just to be clear, he won't be withdrawing? >> absolutely not. any suggestion to the otherwise -- to the contrary might have been found to the minutes of the meetings of the friends of hamas. >> white house press secretary jay carney poking fun at the latest right-wing fever dream earlier today. last night we told you about how the conservative website breitbart.com reported that chuck hagel may have financial ties to a group called friends of hamas. we've got a problem here, folks. friends of hamas does not exist, and the story is bogus. yet the folks at breitbart are not only sticking to the report, they're attacking anyone who even questions it. this is the way conservative media operates these days in the business world.

worse yet, instead of throwing water on these baseless stories, elected officials are fueling the fire by responding to them. senator rand paul said he found hagel's possible tied to a non-existent group concerning. and earlier this week senator lindsey graham of south carolina demanded that hagel respond to a rumor about him published by another right-wing blog. in both cases the claims had absolutely no merit. yet pushing these stories helped the right-wing media and republican lawmakers further their agenda. smear hagel and undermine ultimately president obama. "the new yorker" weighed in on this troubling development earlier and they wrote, "at its best reporting is like science. you form a hypothesis and you try to prove it. but more importantly, you shoot it full of holes to see if any of the wounds are fatal. this unfortunately is a lesson that a certain part of the conservative media doesn't seem to have learned yet." i'm joined tonight by the famous dan rather, anchor and managing editor of "dan rather reports" on axs tv.

i'm honored. thank you for being here. >> thank you very much. it's good to be here. >> what are we seeing evolve in the information age in america when it comes to reporting and sourcing? >> well, good reporting and sourcing is in steep decline, and that leaves communications about american politics. keep in mind that we now have the new internet. together with traditional american journalism. it remains so susceptible to manipulation, deception, and distraction that it allows lies to get started and then spread like mildew in a damp basement. it has a feed loop. the feed loop generally goes internet to cable, cable to mainstream television. the next day the newspapers and the feed loop just keeps going. and if you're organized well enough, if you have enough time to pour it in, you can frame a person or a policy on complete lies but win the battle of public opinion because the situation exists. >> i'm amazed that there are lawmakers that take erroneous information almost and treat it as gospel and put it right into the news cycle. where there's responsibility in

all this? >> well, obviously, they have none. i'm even more amazed at american journalism. i don't exempt myself from this criticism. we've all kind of fallen into it, some more than others. but it's one thing for politicians to do this. for their own ideological partisan political or personal gain. it's another thing for those of us in the news and american news, which one's was the gold standard for the world, because we had reporters, if you told a reporter something was a lie, he found it out because he wore out shoe leather, he made telephone calls, his organization had other reporters who would check it out, and they've exposed the lie. there's very little of that now. it's left only in a few, few places. >> are the days of having three sources on a story gone? >> gone with the wind. >> and how do we correct that in universities in america?